Md. Sarwar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20762 of 2014 Arising Out of PS.Case No. -291 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Md. Sarwar Son of Late Md. Zainul Abadin Resident of Village- Arwa Gachhi Tola, P.S.- Bachhwara, District - Begusarai. .... .... Petitioner

Versus

1. The State of Bihar

2. Nazma Khatoon Wife of Md. Sarwar, Daughter of md. Raziq, Presently residing at Village- Chandchaur Rahim Tola, P.S.- Ujiyarpur, District - Samastipur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate.

For the Opposite Parties : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 291 of 2013, registered for the offences punishable under Section 498(A) and other Sections of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is always ready to keep his wife, but the wife is not at all willing to live with the petitioner. The wife has filed maintenance case. The case was sent to mediation centre, but the dispute cannot be resolved.

Learned counsel for the complainant submits that when the petitioner got interim relief from this Court he made an attempt to kidnap her from the Court itself. She has got every

Patna High Court Cr.Misc. No.20762 of 2014 (9) dt.21-05-2015 2/2 apprehension to be killed at the hands of the petitioner. Considering the facts aforesaid and the fact that the petitioner is husband and there is allegation against him that he subjected the complainant all sorts of torture, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T